Patna High Court
Hariom YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered the District Magistrate, West Champaran, to examine the petitioner's claim of encroachment and to act in accordance with law if unauthorized occupation is found.
Summary
The petitioner, Hariom Yadav, filed a writ petition seeking a mandamus directing the State authorities to remove encroachment and illegal construction on his private land in Bairiya, West Champaran. He alleged that local encroachers, in collusion with the respondents, were occupying his land and obstructing a pathway. The petitioner also requested that his grievance be examined by the District Magistrate through the Circle Office, citing a prior order in Krishna Devi v. State of Bihar (CWJC No.348 of 2026). The Court, after hearing counsel, directed the District Magistrate to investigate the alleged encroachment and, if unauthorized occupation is found, to take appropriate legal action. No substantive relief beyond this direction was granted, and the writ petition was disposed.
Issues considered
- Whether the State authorities are liable to issue a mandamus directing removal of encroachment on private land.
- Whether the District Magistrate should be directed to investigate the alleged encroachment and take action under due process.
Subjects
- encroachment
- private land
- mandamus
- writ petition
- land reforms
- illegal construction
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.953 of 2026
======================================================
Hariom Yadav Son of Chandrika Yadav, Resident of Vill-Bargachiya, Ward
No. 12, Bairiya, West Champaran, P.S.-Bairiya, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reforms
and Revenue Department, Government of Bihar, Patna.
2. The Collector, Bettiah, District-West Champaran.
3. The Deputy Collector Land Reforms and Revenue Department Government
of Bihar, Bettiah, District-West Champaran.
4. The Additional Collector, Bettiah, District-West Champaran.
5. The Sub Divisional Officer, Bettiah, District-West Champaran.
6. The Circle Officer, Bairiya, District-West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhirup, Advocate
For the Respondent/s : AC to Government Pleader (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Mr. Abhirup, learned counsel appearing on
behalf of the petitioner and learned AC to Government Pleader
(22) for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“1. That present writ application seeks
indulgence of this Hon'ble Court for the issuance of the
appropriate writ/order/orders/direction in nature of
Mandamus and commanding and directing the respondent
authorities to remove the encroachment of Private Land of
the Petitioner which is situated in Mauja- Bairiya, Khata
NO.289/290 Khesara No. 1941, Rakba 11 Katha 19 Dhur
Thana no. 150 which is being constantly encroached by bad
elements/encroachers of the village locality in coalition
with the respondent authorities and that certain illegal
construction were also been done by these encroacher
which has constantly causing encroachment and leads to
Patna High Court CWJC No.953 of 2026(2) dt.27-01-2026
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disturbance in Path Way of the property of the petititioner
and any other relief as your lordships may deem fit and
proper.”
3. Learned counsel appearing on behalf of petitioner
submits for the relief, as sought for, in the present writ petition
the petitioner seeks to file a detailed representation for redressal
of his grievance before the District Magistrate,
West Champaran and the same may be disposed of in light of
order passed by this Court in CWJC No.348 of 2026 ( Krishna
Devi Vs. State of Bihar & Ors.).
4. Considering the aforesaid specific submission made
on behalf of the petitioner, the District Magistrate, West
Champaran, is directed to examine the petitioner’s case in
respect of the land in question through the Circle Office and
ascertain whether any encroachment has been made thereon. If
it is found that unauthorized persons have occupied the land,
then in that case, the law shall take its own course. If the
District Magistrate allows to give acceptance of such high-
handedness action then there will be no respect for the rule of
law and unlawful elements must be dealt with strictly in
accordance with due process of law.
5. The writ petition is, accordingly, disposed of.
6. Interlocutory Application(s), if any, also stands
Patna High Court CWJC No.953 of 2026(2) dt.27-01-2026
3/3
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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